Allowed

Shashikant Balkrushna Gaikwad v. State of Maharashtra, Thr. Secretary, Cooperation Department, Mumbai and Others

Bombay HC7 Jun 2024WP/3370/2024

Case brief

AI extract

What is this about?

This judgment set aside an order vacating a stay granted to petitioners against disqualification as directors of a cooperative society. The High Court held that the registrar could not vacate the stay merely due to the lapse of time, as a Supreme Court decision rendered subsequent to the vacation was not considered. The stay is restored pending appeal disposition.

What did the court decide?

The order dated 31st May, 2024 vacating the stay is set aside; the stay granted on 28th December, 2022 continues till disposal of appeals.

Shashikant Balkrushna Gaikwad Vs State of… — Pension and Retirement Benefits | Bombay HC (2024)

¶1

2024:BHC-NAG:5848

¶2

1.WP.3369.2024 & Ors. Judgment.odt

¶3

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.

¶5

WRIT PETITION NO. 3369 OF 2024 WITH WRIT PETITION NO. 3370 OF 2024 WITH WRIT PETITION NO. 3371 OF 2024

¶6

WRIT PETITION NO. 3369 OF 2024

¶7

PETITIONER

¶8

: Maroti S/o. Laxmanrao Warokar, Aged about 47 Years, Occu. Service, R/o. Leelai Sankul, Dairy Road, Dwarka Nagri, Akola, Tah. & Dist. Akola.

¶9

//VERSUS//

¶10

RESPONDENTS : 1. State of Maharashtra, through its Secretary, Cooperation Department, Mantralaya, Mumbai-32.

¶11

The Divisional Joint Registrar, Cooperative Societies, Amravati, Tah. & Dist. Amravati.

¶12

The District Deputy Registrar of Cooperative Societies, Akola, Tah. & Dist. Akola.

¶13

Rajnish Dhananjay Thakare, Aged about 47 Years, Occ. Service, Vrundavan Nagar, Akola, Tah. Akot, Distt. Akola.

¶14

Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., Akola, Near Maheshwari Bhawan, Akola, Tq. & Distt. Akola.

¶15

2- 1.WP.3369.2024 & Ors. Judgment.odt

¶16

Shrikant Tryambakrao Wankhade, Aged : Major, R/o. Antri Malkapur, Tah. Balapur, Distt. Akola.

¶17

¶18

Mr. Ram D. Karode, Advocate for the Petitioner. Mr. Amit Madiwale, AGP for Respondent Nos.1 to 3. Mr. A.M. Ghare, Advocate for Respondent No.6.

¶19

************************************************************** WITH

¶20

WRIT PETITION NO. 3370 OF 2024

¶21

PETITIONER

¶22

: Shashikant Balkrushna Gaikwad, Aged about 56 Years, Occu. Service, R/o. Maratha Nagar, Akola, Tah. & Dist. Akola.

¶23

//VERSUS//

¶24

RESPONDENTS : 1. State of Maharashtra, through its Secretary, Cooperation Department, Mantralaya, Mumbai-32.

¶25

The Divisional Joint Registrar, Cooperative Societies, Amravati, Tah. & Dist. Amravati.

¶26

The District Deputy Registrar of Cooperative Societies, Akola, Tah. & Dist. Akola.

¶27

Nilesh S/o. Vasantrao Kale, Aged : Major, R/o. Akot, Tah. Akot, Distt. Akola.

¶28

Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., Akola, Near Maheshwari Bhawan, Akola, Tq. & Distt. Akola.

¶29

3- 1.WP.3369.2024 & Ors. Judgment.odt

¶30

Maroti Laxmanrao Warokar, Aged : Major, R/o. Leelai Sankul, Dairy Road, Dwarka Nagri, Akola, Distt. Akola.

¶31

¶32

Mr. Ram D. Karode, Advocate for the Petitioner. Ms. Kalyani P. Marpakwar, AGP for Respondent Nos.1 to 3. Mr. A.M. Ghare, Advocate for Respondent No.6.

¶33

************************************************************** WITH

¶34

WRIT PETITION NO. 3371 OF 2024

¶35

PETITIONER : Dnyaneshwar Manohar Tohare, Aged about 49 Years, Occu. Service, R/o. Athwadi Bazar, Telhara, Tah. Telhara, District Akola.

¶36

//VERSUS//

¶37

RESPONDENTS : 1. State of Maharashtra, through its Secretary, Cooperation Department, Mantralaya, Mumbai-32.

¶38

The Divisional Joint Registrar, Cooperative Societies, Amravati, Tah. & Dist. Amravati.

¶39

The District Deputy Registrar of Cooperative Societies, Akola, Tah. & Dist. Akola.

¶40

Pramod Digambar Kalpande, Age : 52 Years, Occu. Service, R/o. Ayodhya Nagar, Mothi Umari, Akola, Tah. Akot, Distt. Akola.

¶41

Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., Akola, Near Maheshwari Bhawan, Akola, Tq. & Distt. Akola.

¶42

4- 1.WP.3369.2024 & Ors. Judgment.odt

¶43

Shankar Sahebrao Tayde, Aged : Major, R/o. Krishna Nagari, Kaul Khed, Tah. & Dist. Akola.

¶44

************************************************************** Mr. Ram D. Karode, Advocate for the Petitioner. Ms. M.R. Kavimandan, AGP for Respondent Nos.1 to 3. Mr. A.M. Ghare, Advocate for Respondent No.6.

¶45

¶46

CORAM : G. A. SANAP, J. DATED : 7 th JUNE , 2024.

¶47

ORAL JUDGMENT

¶48

. RULE . Rule made returnable forthwith. Heard finally with the consent of learned advocates for the parties.

¶49

02] Very short issue is involved in all these petitions. The petitioners have questioned the correctness of the order dated 31^st May, 2024, passed by the Divisional Joint Registrar, Cooperative Societies, Amravati, whereby the stay granted to the order of disqualification of the petitioners as Directors of the respondent No.5-Akola Zilla Parishad Prathamik Shikshak Sahakari Pat Sanstha Ltd., Akola, came to be vacated.

¶50

03] The proceeding for disqualification of the petitioners in Writ Petition Nos.3369/2024 and 3371/2024 was initiated on the

¶51

5- 1.WP.3369.2024 & Ors. Judgment.odt

¶52

ground that, being the Directors of the Society, they failed to repay the loan borrowed from the Society within time. As far as the petitioner in Writ Petition No.3370/2024 is concerned, it is the basic contention that on the date of his appointment as the Director of the respondent No.5, he was the Director of another Cooperative Society by name Dr. Babasaheb Ambedkar Zilla Parishad Magasvargiya Karmchari Sahakari Pat Sanstha Maryadit Akola-Washim. Being aggrieved by the disqualification orders, the petitioners filed the appeals before the Divisional Joint Registrar, Cooperative Societies, Amravati under Section 152 of the Maharashtra Cooperative Societies Act, 1960. They moved the stay applications. The Divisional Joint Registrar, Cooperative Societies, Amravati, by his order dated 28^th December, 2022, allowed the stay application and stayed the operation of the disqualification orders during the pendency of the appeals. The appeals are still pending before the Divisional Joint Registrar, Cooperative Societies, Amravati. During the pendency of the appeals, respondent No.6 made an application for vacating the stay. The basic premise for vacating the stay is the decision of the Hon’ble Apex Court and the Government Resolution dated 6^th May, 2021.

¶53

6- 1.WP.3369.2024 & Ors. Judgment.odt

¶54

04] It is submitted by learned advocate for the petitioners that the Constitution Bench of the Hon’ble Apex Court in the case of High Court Bar Association, Allahabad Vs. State of U.P. [AIR OnLine 2024 SC 143] has considered the decision of the Hon’ble Apex Court in Criminal Application No.1375-76/2013 and Misc. Application No.1577/2020 and has held that an interim order lawfully passed by a Court after hearing all the contesting parties is not rendered illegal only due to the long passage of time. Learned advocate submitted that, therefore, the Divisional Joint Registrar, Cooperative Societies, Amravati, was not right in vacating the stay on the ground that the life of that stay order was for six months only.

¶55

05] As far as the settled legal position is concerned, now there is hardly any dispute. The Constitution Bench of the Hon’ble Apex Court in the case of High Court Bar Association, Allahabad (supra) has held that an interim order lawfully passed by a Court after hearing all the contesting parties is not rendered illegal only due to the long passage of time. It is held that the order of interim stay cannot be vacated, without application of mind, only on the ground of lapse of time, when the litigant is not responsible for the delay.

¶56

7- 1.WP.3369.2024 & Ors. Judgment.odt

¶57

06] The stay was granted in the three appeals on 28^th December, 2022. The stay has been vacated on 31^st May, 2024. The decision in the case of High Court Bar Association, Allahabad (supra) was rendered on 29^th February, 2024. This decision was not noticed by the Divisional Joint Registrar, Cooperative Societies, Amravati. Similarly, the advocates for the parties did not bring this judgment to the notice of the Divisional Joint Registrar, Cooperative Societies, Amravati. In my view, the ground on which the stay was vacated was not available. The very premise of the prayer to vacate the stay was not in accordance with the law laid down in the case of High Court Bar Association, Allahabad (supra). The statutory appeals filed by the petitioners are pending before the Divisional Joint Registrar, Cooperative Societies, Amravati. The appeals, as can be seen from the record, are otherwise ripe for final hearing. The Divisional Joint Registrar, Cooperative Societies, Amravati, therefore, was not justified in vacating the stay order. The Divisional Joint Registrar, Cooperative Societies, Amravati, instead of vacating the stay, was expected to hear the appeals expeditiously. The stay was granted after fullfledged hearing on the stay applications made by the petitioners. In this manner, therefore, the Divisional Joint Registrar, Cooperative Societies, Amravati, was not justified in vacating the stay. This

¶58

8- 1.WP.3369.2024 & Ors. Judgment.odt

¶59

ground, which has been stated in the order, was not the valid ground on the date of the order. Therefore, the order, vacating the stay in all these petitions, is required to be set aside. Hence, the following order:

¶60

ORDER

¶61

i) The Petitions are allowed .

¶62

ii) The order dated 31^st May, 2024, is set aside. The stay granted by respondent No.2 dated 28^th December, 2022 in the appeals filed by the petitioners, shall continue till the disposal of the appeals filed by them.

¶63

iii) Respondent No.2 shall make an endeavour to dispose of the appeals expeditiously.

¶64

iv) Rule is made absolute in the above terms. No order as to costs. The petitions are disposed of.

¶65

(G. A. SANAP, J.)

¶66

Vijay

Shashikant Balkrushna Gaikwad v. State of Maharashtra, Thr. Secretary, Cooperation Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Shashikant Balkrushna Gaikwad v. State of Maharashtra, Thr. Secretary, Cooperation Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ashish@Maddy S/O Virendra Rathod vs the State of Maharashtra Thr. the Superintendent Nagpur Central Prison, Nagpur and 1

Kisan S/O Kachru Bhadane vs the State of Mah. Thr. Inspector of Police Anti Corruption Bureau Gondia

Chinnu Gajanan Potavi vs the State of Maharashtra Thr. Pso Dhanora Tq. Dhanora Dist. Gadchiroli

Dnyaneshwar Manohar Tohare Vs the State of Maharashtra, Thr. Secretary, Cooperation Dept., Mumbai and Ors.

Maroti S/O Laxmanrao Warokar Vs State of Maha., Thr. Secretary, Cooperation Department, Mumbai and Ors.

Vinod S/O Radheshyam Gupta vs the State of Maharashtra Thr. Pso Ps Khapa, Dist. Nagpur